A California appellate court recently ruled that an employee may pursue claims under California’s Private Attorneys General Act (PAGA) that her former employer violated the state’s mandatory paid sick leave law. On the February 24, 2023, the California Court of Appeal Fourth Appellate District in Wood v. Kaiser Foundation Hospitals
Articles Discussing Human Resource Issues In California.
Update on California’s Efforts to Regulate the Use of AI in Employment Decision-Making
California’s Civil Rights Council has revised proposed regulations governing the use of automated-decision systems. A proposed bill, AB 331, would impose obligations on employers to evaluate the impact of an automated decision tool (ADT), prohibit use of an ADT that would contribute to algorithmic discrimination, add a new
City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance
On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as required in the ordinance.
The Rules and Regulations cover the following topics:
San Francisco Passes Ordinance Requiring Differential Pay for Military Leave
By: San Francisco Passes Ordinance Requiring Differential Pay for Military Leave
On February 19, 2023, the City of San Francisco’s new ordinance, the Military Leave Pay Protection Act (“MLPPA”), went into effect, which requires private San Francisco employers who have at least 100 employees worldwide, to provide supplemental compensation to their
Pending California Bill Proposes Changes to Employee Hiring Requirements When a Grocery Store Establishment Experiences a Change in Control
California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that experience a change in control. Assembly Bill (AB) 647 would amend certain requirements
The Status of Independent Contractors in California in 2023
Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in California. Keeping track of all the cases and exemptions related to AB 5 is almost
Final CPRA Regulations Approved and Lawsuit Filed to Enjoin Enforcement
By: Final CPRA Regulations Approved and Lawsuit Filed to Enjoin Enforcement
The California Privacy Protection Agency’s (“Agency”) long-waited regulations to guide enforcement of the California Consumer Privacy Act (“CPRA”) were approved by the California Office of Administrative Law last week and are in force. These regulations offer clarity for businesses to
Workplace Insights for April: Q&A Session with Jen! (You’re welcome!)
This month, the DFEH is booked. So, we are turning this session into Q and A. Jen will answer your questions for an hour. Yes. 60 minutes. We know. It’s pretty cool. Grab your coffee, and join her!
California AB 5 and the Status of Independent Contractors
California employers continue to have complicated questions about the use of independent contractors in the state almost a year after adoption of Assembly Bill 5 (AB 5), which established more stringent standards for the classification of workers as independent contractors.
Colorado Emergency Rule Requires Up to 4 Paid Sick Leave Days for Employees with Flu-Like Symptoms Who Are Tested for COVID-19
On March 11, 2020, the Colorado Department of Labor and Employment issued Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19. The rules take effect immediately and will remain in effect for 30 days or for the duration of the declared state of emergency, whichever is longer, up to 120 days.
California Supreme Court Agrees to Hear Dynamex Retroactivity Question
On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company using independent contractors in the Golden State.
Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences
California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020.
California AB 51 Bans Mandatory Employment Arbitration Agreements
On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short on certainty, as it raises several questions and will likely face legal challenges.
California Appellate Court Applies Dynamex Retroactively
Introduction: For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor landscape in the Golden State last year. Dynamex upended a long-standing multi-factor test which had been applied to determine if a worker was an employee or an independent contractor, ushering in the new “ABC test.” One of the main unresolved questions left in the wake of Dynamex was whether the new “ABC test” applies retroactively.
New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?
California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles.